Ohio Questions & Answers by Practice Area

Ohio Questions & Answers

Q: What rights do I have in the state of Ohio to keep the mother of my son which we have shared custody of from moving

1 Answer | Asked in Family Law for Ohio on Jul 29, 2015

Answered on Jul 30, 2015

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Matthew Williams' answer
She will need the court's ok to move your son so faraway. You will have an opportunity to oppose it. It would be best to have an attorney.

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Q: If its his 3rd dv case but the girl is not comming to court nd she had nothing worng with her will he get out at pretria

1 Answer | Asked in Domestic Violence for Ohio on Jul 29, 2015

Answered on Jul 30, 2015

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Matthew Williams' answer
Has he been arraigned? That is, has he had his first appearance before a judge? If so, then a bond has been set and he will get out when the bond is paid or the case is resolved. The prosecutor will likely be able to secure several continuances while trying to deal with his or her uncooperative witness so it is extremely unlikely the case will get dismissed at the first pre-trial. He is building up a rather serious history and faces a serious charge. He should get a lawyer involved asap.

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Q: My son is 18 and his girlfriend is 14 her mother is ok with them dating. I am not and I want to know what can I do.

1 Answer | Asked in Criminal Law for Ohio on Jul 29, 2015

Answered on Jul 30, 2015

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Matthew Williams' answer
Your son is an adult, so there really isn't a lot you can do to force him not to date this girl. However, as he is an adult, you are only required to provide for him financially if he is still in high school. If he is not, you could cut him off, and, even if he is in high school, you are required to provide food, shelter, education, and healthcare. You are not required to provide cell phones, cars, computers, video games, and gas or spending money. So, if you are providing those things, you can...

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Q: We share custody and she picks our son up in the Am and never brings him back. Sends me a text message she moved to NY

1 Answer | Asked in Family Law and Juvenile Law for Ohio on Jul 30, 2015

Answered on Jul 30, 2015

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Matthew Williams' answer
It's not really kidnapping, but interference with child custody is a criminal offense, and a felony, when it involves transporting the child across state lines. So, you could report the matter to the police. Clearly, this may not be the best route to take as a family, but it is one option. You could also go back the court that arranged your shared parenting agreement and file a motion to hold her in contempt for violating the terms of the agreement. The court will likely schedule a show cause...

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Q: BF has M1 for DV he is telling me not to show up to the court dates can i get into trouble for doing that? im the victim

1 Answer | Asked in Criminal Law for Ohio on Jul 30, 2015

Answered on Jul 30, 2015

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Matthew Williams' answer
It is unlikely anyone will do anything about it if you do not show up and, yes, the victim not showing up is the death of many a DV case. However, if you are subpoenaed, you are legally required to show up, and it is within the court's power to issue a warrant for the arrest of a material witness who is uncooperative. The court could also hold a witness who ignores a subpoena in contempt and issue a fine. Most judges will not issue such warrants or hold victims in contempt in lower level cases....

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Q: Is it legal in Ohio for a pedestrian to transport an unloaded handgun concealed in a closed, locked case or box?

1 Answer | Asked in Criminal Law for Ohio on Jul 27, 2015

Answered on Jul 29, 2015

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Matthew Williams' answer
This is actually a very borderline question. It is illegal for a person who does not have a permit to carry a concealed weapon on his or her person or to have a concealed weapon ready at hand except when the in his or her own home, or, when properly secured in a lock box in his or her car. While the statute doesn't actually say an unlicensed person can carry the lock box to and from the car, the gist of it is that an unlicensed individual may transport a properly stored firearm from point A to...

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Q: If I was charged with domestic violence can my wife have a gun in her name in our house for our own protection

1 Answer | Asked in Criminal Law for Ohio on Jul 27, 2015

Answered on Jul 29, 2015

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Matthew Williams' answer
That's not a good idea. Technically, if she has a gun locked in a safe to which you have no access, it is legal. However, you will be hard pressed, if you are charged with possessing the gun, to convince anyone you did not have access to it. You indicate you were charged with domestic violence. What, if anything, were you convicted of? If you were not convicted of domestic violence, you are not disable from having a firearm.

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Q: Can i get my real estate license if my nursing assistant licences was revoked

1 Answer | Asked in Real Estate Law for Ohio on Jul 27, 2015

Answered on Jul 29, 2015

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Matthew Williams' answer
It will certainly be a major hurtle. The licensing boards have broad discretion to determine someone is or is not of good enough moral character to be licensed. So the good news is they can approve you. The bad news is that they won't be happy that you lost a professional license in the recent past.

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Q: Is it illegal to date a 16 year old boy if you are 18?

1 Answer | Asked in Juvenile Law for Ohio on Jul 28, 2015

Answered on Jul 29, 2015

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Matthew Williams' answer
Yes, it is. It is even legal to sleep with him (though his parents could forbid that and punish him for disobedience). It is not legal to possess, create, solicit, or distribute any sexually explicit imagery or videos of him. The law says you can sleep with him but you cannot have a nude picture of him. Weird right?

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Q: Does judge's sentencing including license suspension cancel ALS suspension for refusal if OVI was merged & dismissed?

1 Answer | Asked in Traffic Tickets for Ohio on Jul 28, 2015

Answered on Jul 29, 2015

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Matthew Williams' answer
The judge should have signed an order terminating the ALS suspension when your stepson was sentenced. Sometimes they forget this step, which is one of the many reasons it is good to have an attorney. If the BMV is still saying he has an ALS suspension, that is an error that can be fixed by the court.

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Q: Can parents stop you from dating someone? Considering the person is the same age.

1 Answer | Asked in Family Law for Ohio on Jul 28, 2015

Answered on Jul 29, 2015

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Matthew Williams' answer
While you are a minor--that is, until you turn 18--you are legally required to obey your parents within reason. So, yes, your parents can tell you that you cannot date someone. Indeed, they can, and many do, tell you that you cannot date, period.

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Q: Can I move out at the age of 14?

1 Answer | Asked in Juvenile Law for Ohio on Jul 28, 2015

Answered on Jul 29, 2015

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Matthew Williams' answer
You cannot move out without your parent's permission.

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Q: I m 13, is it illegal to have sex with my 15 year old boyfriend

1 Answer | Asked in Juvenile Law for Ohio on Jul 28, 2015

Answered on Jul 29, 2015

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Matthew Williams' answer
Ohio law makes it illegal for any person to have sex with another person who is under the age of 13 and makes it illegal for a person 18 years old or older to have sex with a person under the age of 16. This leaves a gap, as you may have noticed. It is legal for 13-17 year old teens to fool around. Just because it isn't a criminal act, however, does not make it a good idea, or make it right, or mean your parents can't come down on you like a ton bricks if you have sex. You are much too young to...

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Q: If I'm 16 years old and my boyfriend is 18 and I'm pregant can I move out? Without my parents.?

1 Answer | Asked in Appeals / Appellate Law for Ohio on Jul 28, 2015

Answered on Jul 29, 2015

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Matthew Williams' answer
I feel like I've seen this question before. If you are 16, you are a minor. You cannot move out without your parent's permission.

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Q: Im 16 years old and have a 6 month old is it possible to move out?

1 Answer | Asked in Public Benefits for Ohio on Jul 28, 2015

Answered on Jul 29, 2015

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Matthew Williams' answer
Only with your parent's permission.

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Q: Im 16 and have a 6 month old, is it legal that i can move out?

1 Answer | Asked in Family Law for Ohio on Jul 28, 2015

Answered on Jul 29, 2015

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Matthew Williams' answer
Without your parent's permission? No.

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Q: if my parents were to allow me to date an 19 year old is it okay at the age of 16?

1 Answer | Asked in Juvenile Law for Ohio on Jul 28, 2015

Answered on Jul 29, 2015

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Matthew Williams' answer
Is is ok? Gee. I don't know. If I had a 16 year old, I wouldn't let that happen. It is legal, if that what you are really wondering. Keep this in mind however: even though the age of consent in Ohio is 16--meaning a 16 year old can consent to sexual conduct--the child pornography laws are very serious. A 19 year old can sleep with a 16 year old, but he or she cannot possess, solicit, create, or distribute any sexually explicit photographs of the 16 year old. So while you can legally have sex,...

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Q: Can you change the date to pay court fees after your court date?

1 Answer | Asked in Other for Ohio on Jul 28, 2015

Answered on Jul 29, 2015

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Matthew Williams' answer
You can file a motion with the court asking the court to change the due date on your fines/costs. The court may or may not grant your motion. You motion should explain why the change is necessary.

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Q: if a judge from another state ordered that i have no rights to my child and no visition without any violence im i still

1 Answer | Asked in Family Law for Ohio on Jul 29, 2015

Answered on Jul 29, 2015

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Matthew Williams' answer
If there is a child support order in place, you must pay child support. Having your visitation rights taken away does not mean you do not have to pay support.

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